The Record at the Hearing

PURPOSE: This rule defines what constitutes the record of the public hearing. (1) The record of the hearing shall include the notice of hearing; the complaint filed pursuant to 1 CSR 50-2.015 and any amendments; the answer, if any, and any amendments; the transcript of the testimony taken at the hearing; the exhibits and depositions admitted into evidence; an offer of proof made by any party; written motions and stipulations; decisions of the presiding commissioner pursuant to 1 CSR 50-2.080; the final findings of fact, conclusions of law, and decision and order of the commission; and all other pleadings. Prehearing discovery filed with the commission shall not be a part of the record unless specifically received into evidence at the hearing. Unless a party specifically and in writing requests otherwise before the commission has certified the record, the record shall not include briefs and proposed findings of fact and conclusions of law. (2) A transcript of the hearing shall be made and kept by the commission. The testimony may be recorded by stenographer, by videotape, by audiotape, or by any other means which would ensure that a verbatim record of the hearing is made. A copy of the transcript of such a proceeding shall be made available to any party upon the payment of a fee which shall in no case exceed the reasonable cost of preparation and supply. AUTHORITY: section 105.955.14(7), RSMo Supp. 2015, and section 536.130.1, RSMo 2000.* Original rule filed March 24, 1997, effective Sept. 30, 1997. Amended: Filed Sept. 1, 2015, effective Feb. 29, 2016. *Original authority: 105.955, RSMo 1991, amended 1994, 1995, 1996, 1997, 1999, 2010, 2015 and 536.130, RSMo 1945.